H.R. 8005 — Stop Pills That Kill Act

This section defines a counterfeit fentanyl or methamphetamine substance as a substance that (1) contains fentanyl, any analogue of fentanyl, or methamphetamine and (2) is marketed under, sold under, or falsely bears the trademark, trade name, or other identifying mark, imprint, number, or likeness thereof of another product.

This section expands the prohibition on manufacturing, distributing, exporting, or importing equipment, chemicals, products, or materials knowing, intending, or having reasonable cause to believe they will be used to illegally manufacture methamphetamine to also cover fentanyl, a fentanyl analogue, or a counterfeit substance. (Thus, the provision applies to precursors and equipment for these additional substances, which are not currently covered.)

This section directs the Administrator of the Drug Enforcement Administration to establish and implement, not later than 180 days after enactment, an operation and response plan to address counterfeit fentanyl or methamphetamine substances that includes (1) strategies to enable and empower federal law enforcement efforts to investigate and seize such substances; (2) specific ways to increase education and prevention efforts, including assessments of the effectiveness of ongoing efforts such as Operation Engage and their tailoring to youth and teen access; and (3) an audit of current campaigns, including the "One Pill Can Kill" campaign, with a review of data on how to tailor, adjust, or improve them to better address the flow of such substances.

This section requires the Attorney General, in consultation with the Administrator of the Drug Enforcement Administration and Director of the Office of National Drug Control Policy, to submit to Congress an annual report—not later than one year after enactment and every year thereafter—on the collection and prosecution of counterfeit fentanyl or methamphetamine substances. The report must include (1) the aggregate number of such substances seized by federal law enforcement agencies; (2) a breakdown of how many are in pill form; (3) a breakdown of illicit substances present in those pills; (4) data on seizure locations and dates; (5) data on charges filed under 21 U.S.C. 841(a)(1) or (2) related to such substances (particularly pills), unless disclosure would unseal indictments or undermine Department of Justice investigations; (6) data on convictions and sentences under those paragraphs for such substances (particularly pills); and (7) prevention measures by the Department of Justice, Drug Enforcement Administration, or Office of National Drug Control Policy, including public awareness campaigns.